Dissent In Sikkelee Ruling Offers Preemption Road MapOn November 29, 2018 by Schnader
Jonathan B. Skowron published “Dissent In Sikkelee Ruling Offers Preemption Road Map” on Law360. Skowron focuses his practice on complex commercial litigation, primarily professional negligence and product liability actions, as well as general contractual disputes.
He writes on Law360:
“Last month, the Third Circuit announced its decision in Sikkelee v. Precision Airmotive Corp., significantly restricting federal ‘impossibility’ preemption, and making it much more difficult for manufacturers in federally regulated industries to assert the doctrine as a defense to state law product liability claims.
While describing the potential impact of the case, many commentators have glossed over the well-reasoned dissent of Judge Jane Roth, who highlighted several flaws in the majority’s opinion, arguably showing it to be more focused on perceived public policy considerations than strict adherence to prior case law.”